Terms of Use
These Terms of Use govern the User's access to Radix
Softwares DutyMan (hereinafter referred to as "DutyMan") service on the Internet.
The term User means a person who registers and obtains access the web services provided
by DutyMan.
These Terms of Use govern the User's access to, and use of, the Services provided
via DutyMan's system on www.dutyman.biz. The Terms of Use set forth the conditions
subject to which the User is entitled to use these services.
DutyMan grants the User access to services as specified in detail in these Terms of
Use. Services is a collective designation for all services (whether provided free
of charge or against payment) to which a User obtains access on www.dutyman.biz. Duty
Roster means an individual service providing, among other things, storage space for
electronic documentation and communications services provided to a User by DutyMan.
The Services are normally available over the Internet around the clock. DutyMan shall
be entitled to take measures that affect access to the Services where DutyMan deems
such to be necessary for technical, maintenance, operational, or security reasons.
The User is also aware and acknowledges that the User's access to the Internet cannot
be guaranteed and that DutyMan shall not be liable for deficiencies in the User's
own Internet connections or equipment.
User's Undertakings
The User shall be responsible for the activities conducted through use of the Services
and shall ensure compliance with national laws in conjunction therewith.
The User shall ensure that the Log-In Name and the Password obtained by the User in
conjunction with registration at www.dutyman.biz are stored in a secure manner and
cannot be accessed and thereby used by third parties. The User shall be liable for
any unauthorised use of Services.
Right of Use of Services
The User may grant other users of the Internet access to the User's Duty Roster.
DutyMan shall hold title to all intellectual property rights and technical solutions.
Such intellectual property rights and technical solutions may only be used by the
User in the manner stated in this agreement. Under no circumstances shall the User
or a third party acquire any intellectual property rights to the Services or the software
or technical solutions used in the Service or to any business mark belonging to or
used by DutyMan.
Operation and Maintenance
The User shall not be entitled to damages or other remedies in the event of disruption
of operations or errors that impede traffic.
Storage of Information
Through the acceptance of these Terms of Use, the User consents to DutyMan storing
the User's e-mail address and other data in accordance with these Terms of Use and
to DutyMan storing such data until such time as the Duty Roster is closed.
Following receipt of such data, DutyMan will process the same using automatic data
processing in order to enable DutyMan to administer and otherwise perform its undertakings
within the scope of the service and to ensure that unauthorised persons do not obtain
access to Services.
Force Majeure, Liability and Limitation of Liability
DutyMan shall be released from liability in damages and other sanctions where the
User's access to Services is prevented or rendered materially more onerous due to
circumstances beyond DutyMan's control and which it could not have reasonably foreseen.
Such force majeure events include, inter alia, labour conflicts, lightning, fire,
decisions of public authorities or other public regulations, errors in another operator's
network, general scarcity of transport, goods, or energy, or other similar circumstances.
In the event third-party claims are brought against DutyMan as a result of the use
of Services the User shall hold DutyMan harmless in respect of such claims.
DutyMan shall not be liable to the User in the event of distortion or loss of data
or other defects or deficiencies in provided Services that are due to DutyMan. Errors
must be notified by the User in accordance with DutyMan's instructions as issued from
time to time.
DutyMan's liability in accordance with these Terms of Use is limited to GBP 0 (zero).
Under no circumstances shall DutyMan be liable for direct or indirect losses, loss
of profits or anticipated savings, loss of revenue, loss of data, or claims for compensation
from third parties.
Modifications and amendments
In order to facilitate further development DutyMan reserves the right to effect modifications
to the design, operational method, technical specifications, systems, and other functions
of the Service.
DutyMan reserves the right to amend these Terms of Use. The User shall be notified
of such changes by email.
Term of Agreement and Termination, etc.
The Terms of Use shall enter into force when the User has completed registration on
www.dutyman.biz and shall remain in force until such time that the Duty Roster is
closed.
DutyMan shall be entitled to close a Users Duty Roster if the User does not pay their
annual subscription or where the User uses the Service:
a) in a manner that entails the perpetration of a crime;
b) in a manner that occasions losses or the risk of loss for DutyMan or another party;
c) in a manner that violates these terms and conditions; or
d) in a manner whereby the User utilises resources or seeks unauthorised access to
DutyMan's system which are not intended for the User.
Governing Law and Disputes
These Terms of Use and the ensuing relationship between DutyMan and the User shall
be construed in accordance with, and governed by, the laws of England.
All disputes relating to these Terms of Use shall be adjudicated in London, England.